BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 871
                                                                  Page  1

          Date of Hearing:   May 6, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   AB 871 (Nestande) - As Amended:  April 29, 2009 

          Policy Committee:                              Education  
          Vote:6-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires a school district that did not receive Year  
          Round School (YRS) program funding in the 2007-08 fiscal year  
          (the Menifee Union School District in Riverside County) to be  
          eligible for this funding in the 2008-09 FY only, as specified.   
          Specifically, this bill:  

          1)Requires the Superintendent of Public Instruction (SPI) to not  
            approve new YRS grants based on applications received on or  
            after August 1, 2008.  

          2)Requires a school district to be eligible for 50% of YRS  
            funding it requested for the 2008-09 FY, if it applied on or  
            before July 31, 2008.  

          3)Exempts a school district that requests YRS funding in the  
            2008-09 FY from losing eligibility for state school  
            construction bond funds.  

          4)Deems funding received by a school district to be YRS program  
            funding for the 2008-09 FY, irrespective of the FY the  
            district received it.  

           FISCAL EFFECT  

          1)GF/98 reallocation of $2 million in YRS funding to comply with  
            the requirements of this measure.  In the 2007-08 FY, four  
            school districts received funding under this program and under  
            this bill each of these districts' grant amounts would be  
            prorated down to accommodate the reallocation of $4.1 million  
            to the one school district that is eligible under this  








                                                                  AB 871
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            measure.

          2)The 2009 Budget Act allocated $46.6 million for the YRS  
            program, which includes a total reduction of 19.8% from the  
            2008 Budget Act appropriation.  Of this reduction, 15.4% was  
            reduced from the 2008 Budget Act allocation and carried  
            forward to the 2009-10 FY.  In addition, the 2009 Budget Act  
            reduces this program by another 4.4%.  

           COMMENTS  

           1)Purpose  .  The YRS program was established to provide  
            additional funding to school districts forced to establish  
            year-round or multi-track schools due to severe overcrowding.  
            For example, a multi-track school may need additional teachers  
            or janitorial staff to operate on a year-round calendar. 

            SB 658 (Romero), Chapter 271, Statutes of 2008, phased-out the  
            YRS program over a four-year period (with the grant amounts  
            declining by 20% per year until it ends in 2012-13).  Chapter  
            271 further required the funding for the YRS program to be  
            transferred on an annual incremental basis to the Charter  
            School Facilities (CSF) program until the entire YRS program  
            sunsets in 2013.  

            Chapter 271 further prohibited the SPI from approving new  
            grant awards for the YRS program beginning in the 2008-09 FY.

            The Menifee Union School District (MUSD) applied to SDE in  
            July 2008 for YRS program funding.  MUSD's requested $4.1  
            million in YRS funding.  According to SDE, no other  
            applications have been received for this program.  

            According to the Riverside County Superintendent of Schools,  
            MUSD "is the only district in the state to be caught in this  
            eleventh hour change repealing the program after their  
            application. Menifee is not asking to continue in the program  
            beyond the current year or even to be afforded the same  
            gradual phase-down provided to the other districts in the  
            program. They are asking for only half of the funding they  
            were eligible for and to be provided the funding for one year  
            only.  The district wants to avoid a critical budget shortfall  
            inadvertently caused by late legislative action to  
            retroactively limit a state funding source after the district  
            had met state deadlines for budget adoption."








                                                                  AB 871
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            This bill grants eligibility for YRS program funds, for the  
            2008-09 FY only, to school districts who applied prior to  
            August 1, 2008.  The measure further specifies that the  
            eligible school districts receive only 50% of the funding it  
            requested; therefore, MUSD would receive approximately $2  
            million GF/98.  

           1)MUSD  , located in Riverside County, enrolls approximately 9,181  
            pupils in 10 schools.  The school district's total GF revenue  
            is $62.5 million in the 2007-08 FY.    



           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081